Friday, December 03, 2004

English Review Commission Calls for Restrictions on Expert Testimony

Partly in reaction to the ongoing controversy over Sir Roy Meadow's theories on Munchausen's Syndrome by Proxy, the head of England's Criminal Cases Review Commission, Prof. Graham Zellick, is calling for more stringent scrutiny of expert testimony in criminal cases, according to reports in the London Telegraph (registration) and the Guardian. Some experts "appear to be making it up as they go along," says Zellick. He adds:
There ought to be some quite straightforward legal framework which would allow the judge to say "get out of my court, don't come in here with this nonsense."
Got any ideas? You should probably drop Prof. Zellick a line.

Copy us while you're at it.

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.